NewsMay 18, 20240 comments

Is Shoplifting a Felony or Misdemeanor?

You might say that shoplifting is a misunderstood crime. The offender steals items from a retailer without paying for them. While this may seem like a petty offense to some people, the charge can carry serious legal consequences. The charges a defendant brushes off may actually have very serious effects on their lives.

While shoplifting stays on your permanent record in some states, you may have to wait a while (about five years) to ask for an expungement (removal from your criminal record) after you’ve completed your sentence in other states.

That is why you must consult a shoplifting defense attorney in Wantagh, NY if you’re charged with a shoplifting crime. Make sure they have experience handling this type of legal defense so you can present the strongest defense possible to your misdemeanor or felony shoplifting charge.

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Shoplifting Charges

Whether you’re charged with a misdemeanor or felony depends on:

The value of the goods stolen
The methods employed for stealing the merchandise
The jurisdiction where the items were shoplifted

Each state has established what amounts apply and how an offender is charged for shoplifting.

Misdemeanor Shoplifting

First-time offenders who are caught stealing low-cost items (usually below two hundred dollars’ worth of products) frequently face a misdemeanor charge. The lower the value of the goods you take, the lighter the sentence.

You may need to spend some time in jail (6 months, in many cases, for first-time offenders), pay a fine, or pay restitution if you leave the store with the stolen merchandise.

Felony Shoplifting

If goods exceed certain values set by a state’s laws, shoplifting can be a felony crime. Likewise, penalties are more severe when the defendant has prior convictions.

Examples Of Shoplifting That May Surprise You

While some people think of shoplifting as stealthily pocketing an item and walking out of a store, shoplifting may also involve the following criminal activities:

Hiding an item in a Backpack or Bag. A shoplifter may hide stolen items in a backpack or shopping bag before exiting a store. Some shoplifters line the bag with aluminum foil so the security device at the exit fails to sound an alarm.

Price swapping. Switching tags is common, so the shoplifter can pay less for an item.

Undercharging. Sometimes, a shoplifter may know the cashier in a store who intentionally gives their friend a “discount.”

Concealing an Item by Boxing It Up. Some shoplifters place smaller and more expensive valuables inside a box that contains cheaper merchandise. They do this so they can pay less than the total value of the merchandise.

What a Prosecutor Must Show in a Shoplifting Case

Regardless of the type of theft used to shoplift, the prosecutor must show that the shoplifter intended to deprive the rightful owner of the value of the item(s) taken. If you mistakenly walked out of a store with an item, you may show that you did not mean to take the merchandise without paying for it. The prosecutor must prove beyond a reasonable doubt that you knowingly committed the crime to convict you.

A criminal defense lawyer who is familiar with shoplifting laws can benefit you, whether you allegedly walked out of a store with concealed merchandise or switched the price tag so you could pay a lower price.

Shoplifting Punishments: How High Do They Go?

Shoplifting punishments are based on the amount of merchandise you allegedly stole. Therefore, the punishments for jail time, fines, and penalties are based on the dollar amount of the shoplifted goods. Again, you may have to go to jail for as long as six months, even if you take a smaller amount (around $200), so you need to talk to a criminal defense attorney about the charge.

The more you steal, the higher the fine and jail time. For example, you can end up spending 18 months in prison if you’re caught stealing $300 in goods and as much as five years in prison if you are nabbed with over $500 in items. Prosecutors won’t hesitate to recommend you spend ten years in jail if the value of the items is $75,000 or more.

Naturally, it depends on the jurisdiction charging the shoplifting. Fines can range from $1,000 to $150,000, again, depending on the value of the shoplifted merchandise.

While many people believe shoplifting is a minor offense mostly committed by teenagers, the law takes this crime very seriously, and many people face harsh penalties for conviction. Always hire a criminal defense lawyer for shoplifting charges.

How a Criminal Defense Attorney Can Help You If You’re Charged with Shoplifting

If you’ve been charged with shoplifting, a criminal defense attorney who handles shoplifting cases may be able to get the case dismissed, especially if the dollar amount is low and it’s your first offense.

They may also negotiate a plea bargain with the prosecutor to reduce the charge and save you from going to jail. When you have a criminal defense lawyer at your side, you can turn a bad and unexpected experience into a more positive outcome. Don’t move forward without seeking legal counsel. You

Contact a Criminal Defense Attorney About Your Shoplifting Charge Today

To call shoplifting “just a misdemeanor” paints an incomplete picture of its impact on individuals and their futures when they face shoplifting charges and convictions.

When you are charged with shoplifting, various levels of charges are possible, from minor infractions to major felonies, each with a different degree of seriousness. Not only do courts look at the dollar amount stolen, but they also look at past offenses and how the items were taken. Always remember there are ways to challenge and potentially reduce your shoplifting charges by challenging the value of the merchandise or the validity of the charge itself.

The sooner you contact a criminal defense lawyer, the better your chances of receiving better treatment and a fairer outcome. Don’t downplay the seriousness of the crime. Depend on defense counsel to see you through an otherwise difficult and confusing time.